Section 498A IPC Covers Cruelty in Void Marriages as Well: Delhi High Court

The Delhi High Court ruled that Section 498A of the Indian Penal Code applies even if a marriage is later declared void, provided the couple lived together as husband and wife.

Justice Neena Bansal Krishna observed that the term “husband” under the provision includes a man who entered into a marital relationship and cohabited as a spouse, even if the marriage is subsequently found invalid.

The ruling arose from a 2007 marriage that was later annulled under the Hindu Marriage Act, 1955. The Court held that cruelty within such relationships still attracts liability under Section 498A IPC.

[Om Saran Gupta v State of NCT of Delhi]